David Harrell, Petitioner-appellant, v. Edward W. Murray, Virginia Department of Corrections,respondent-appellee, 937 F.2d 603 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 937 F.2d 603 (4th Cir. 1991) Submitted May 16, 1991. Decided July 12, 1991

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, District Judge. (CA-90-54-N)

David Harrell, appellant pro se.

Virginia Bidwell Theisen, Office of the Attorney General of Virginia, Richmond, Va., for Appellee.

E.D. Va.


Before K.K. HALL, PHILLIPS and MURNAGHAN, Circuit Judges.



David Harrell seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Harrell v. Murray, CA-90-54-N (E.D. Va. June 6, 1990). We grant Harrell's motion to expedite to the extent that the appeal was considered as quickly as possible given the Court's current caseload. We deny Harrell's motion to supplement the record and to obtain supplemental materials from the Virginia Supreme Court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.